| Author | Title | Citation | Summary | Year |
| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
| Abbey Koenning-Rutherford |
DISHONORING THE EARTH: ECOCIDE AS PROSECUTABLE GENOCIDE AGAINST INDIGENOUS PEOPLE |
111 Georgetown Law Journal 1495 (June, 2023) |
C1-2Table of Contents Introduction. 1496 I. Frameworks: International Legal, Economic, Indigenous. 1499 a. international legal. 1499 b. economic. 1501 c. indigenous. 1502 II. The Genocidal Impact of Ecocide: A Prosecutable Crime?. 1503 a. what is ecocide?. 1504 b. what is genocide?. 1505 c. ecocide as prosecutable genocide in the international... |
2023 |
| Adam Crepelle , Thomas Stratmann |
DOES EXPANDING TRIBAL JURISDICTION IMPROVE TRIBAL ECONOMIES: LESSONS FROM ARIZONA |
55 Arizona State Law Journal 211 (Spring, 2023) |
In 2013, Congress reaffirmed tribes' inherent authority to prosecute all persons who commit dating violence, domestic violence, or violate a protective order against Indian women on tribal land in the Violence Against Women Reauthorization Act (VAWA). Congress required tribes to comply with strict procedural safeguards to implement VAWA. Although... |
2023 |
| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
| Adam Crepelle |
FEDERAL POLICIES TRAP TRIBES IN POVERTY |
48 Human Rights 8 (2023) |
Poverty and its related maladies are a scourge upon Indian Country. Many people believe this poverty stems from Indigenous cultures' inability to adapt to Western economic models. This notion arises from the belief that North America's Indigenous inhabitants were noncommercial prior to European arrival, but this is false. Commerce with distant and... |
2023 |
| Sarah Deer |
FEMINIST JURISPRUDENCE IN TRIBAL COURTS: AN UNTAPPED OPPORTUNITY |
34 Yale Journal of Law & Feminism 80 (2023) |
What if every gendered legal issue was not burdened by over 200 years of patriarchal and racist precedent? How would feminists craft legal practices and structures in a way that would be grounded by a clear understanding of the harms of oppression and subjugation? These questions are not just rhetorical; this essay argues that a fresh perspective... |
2023 |
| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
| Kieran O'Neil |
IN THE ROOM WHERE IT HAPPENS: HOW FEDERAL APPROPRIATIONS LAW CAN ENFORCE TRIBAL CONSULTATION POLICIES AND PROTECT NATIVE SUBSISTENCE RIGHTS IN ALASKA |
98 Washington Law Review 659 (June, 2023) |
Abstract: Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies require consultation, agencies routinely approach consultation as a procedural... |
2023 |
| Claire Newfeld |
INDIAN BOARDING SCHOOL DEATHS AND THE FEDERAL TORT CLAIMS ACT: A ROUTE TO A REMEDY |
55 Arizona State Law Journal 355 (Spring, 2023) |
Since their founding, the United States, Canadian, and other governments have purported to act as the protectors of Indigenous peoples. While modern federal Indian policy favors self-determination and the preservation of Native culture and land, the vast majority of pre-1960s protective policies interpreted the Native way of life as inferior... |
2023 |
| Melissa Gustafson |
INDIAN CHILD WELFARE ACT: A ROADBLOCK IN A NATIVE CHILD'S PATHWAY TO PERMANENCY |
40 Alaska Law Review 61 (June, 2023) |
The Indian Child Welfare Act (ICWA) requires the testimony of a qualified expert witness to support, beyond a reasonable doubt, the termination of parental rights in cases involving Native children. Initially, Congress expressed a preference for qualified expert witnesses to possess intimate knowledge of Native tribes' childrearing norms and... |
2023 |
| AshLynn M. Wilkerson |
INDIAN COUNTRY'S CONTINUED STRUGGLE WITH THE OPIOID CRISIS: FOCUSED PROBLEM AREAS, THE FEDERAL GOVERNMENT'S RESPONSE, AND WHAT MORE CAN BE DONE |
47 American Indian Law Review 301 (2022-2023) |
Tribes are running out of homes for children whose parents are battling opioid use, and increased rates of babies are born with neonatal abstinence syndrome--a postnatal withdrawal syndrome from in utero opioid exposure. Tribes feel preyed upon by pharmaceutical companies who have fueled the worst drug epidemic in American history and, as of... |
2023 |
| Kekek Jason Stark |
INDIAN POLICING: AGENTS OF ASSIMILATION |
73 Case Western Reserve Law Review 683 (Spring, 2023) |
[T]he police force is a perpetual educator. It is a power entirely independent of the chiefs. It weakens, and will finally destroy, the power of tribes and bands . where the Indians themselves are the recognized agents for the enforcement of the law, they will more readily learn to be obedient of its requirements. --Report of the Commissioner of... |
2023 |
| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
| Joseph Cauich-Tamay |
INDIGENOUS GROUPS WHO HAVE BEEN ENVIRONMENTALLY DISPLACED SHOULD BE CONSIDERED ENVIRONMENTAL ASYLEES UNDER A PARTICULAR SOCIAL GROUP |
24 Rutgers Race & the Law Review 257 (2023) |
C1-2Table of Contents I. INTRODUCTION. 257 II. CURRENT IMMIGRATION LAWS DO NOT ADEQUATELY PROTECT INDIGENOUS PEOPLE WHO HAVE BEEN ENVIRONMENTALLY DISPLACED. 264 III. LEGAL DEFINITION OF REFUGEE AND DISTINCTIONS BETWEEN ASYLEE AND REFUGEE. 267 A. Applicable Law: 8 U.S. Code § 1158. 268 B. Burden of Proof: 8 U.S. Code § 1158 (b)(1)(B)(i-iii). 269 C.... |
2023 |
| Pete Heidepriem |
INDIGENOUS RIGHTS, INVESTOR-STATE DISPUTES, AND CANADIAN LAW |
68 South Dakota Law Review 51 (2023) |
Indigenous peoples encounter serious challenges in asserting their rights and interests in the context of investor-state arbitrations arising out of international investment. Foreign direct investment occurs all over the globe, and it often has a negative effect on Indigenous communities, but the communities are not given a seat at the table if an... |
2023 |
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
| Danika Watson |
ISSUES IN IMPLEMENTING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION IN ALASKA'S TRIBAL COURTS |
40 Alaska Law Review 1 (June, 2023) |
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in... |
2023 |
| Elizabeth Kronk Warner , Jensen Lillquist |
LABORATORIES OF THE FUTURE: TRIBES AND RIGHTS OF NATURE |
111 California Law Review 325 (April, 2023) |
The arc of the moral universe is long but it bends toward justice. --Dr. Martin Luther King, Jr. Tribes are not vestiges of the past, but laboratories of the future. --Vine Deloria, Jr. From global challenges such as climate change and mass extinction, to local challenges such as toxic spills and undrinkable water, environmental degradation and the... |
2023 |
| Hayden J. Bellenoit , Department of History, United States Naval Academy, USA, Email: bellenoi@usna.edu |
LEGAL LIMBO AND CASTE CONSTERNATION: DETERMINING KAYASTHAS' VARNA RANK IN INDIAN LAW COURTS, 1860-1930 |
41 Law and History Review 43 (February, 2023) |
This article explores how colonial law in India interacted with the construction of caste rank (varna) between 1860 and 1930. It specifically tracks contestations over Kayasthas' legal varna rank in northern and eastern India through various inheritance disputes, threading them together to shed light on how courts sought to anchor their... |
2023 |
| Maggie Blackhawk |
LEGISLATIVE CONSTITUTIONALISM AND FEDERAL INDIAN LAW |
132 Yale Law Journal 2205 (May, 2023) |
The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This juricentric or court-centered constitutionalism has relegated the other, so-called political branches to... |
2023 |
| Bharath Gururagavendran |
LOCATING NOVEL PROTECTIONS FOR THE TRADITIONAL KNOWLEDGE OF INDIGENOUS COMMUNITIES IN CUSTOMARY INTERNATIONAL LAW |
27 UCLA Journal of International Law and Foreign Affairs 101 (Fall, 2023) |
The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic... |
2023 |
| Adam Crepelle |
MAKING RED LIVES MATTER: PUBLIC CHOICE THEORY AND INDIAN COUNTRY CRIME |
27 Lewis & Clark Law Review 769 (2023) |
American Indians are victims of violence at higher rates than members of any other racial group. Nevertheless, Indian victims receive little media attention. Aside from the prevalence of violence against Indians, the violence is unique because of the rules governing Indian country law enforcement. Tribes, absent compliance with federally mandated... |
2023 |
| Tracy Feldman |
NATIVE AMERICAN GRAVESITES: SHIELDING LIMINAL SPACES THROUGH EXPANSION OF HISTORIC PRESERVATION ORDINANCES & ZONING CODES THAT DESIGNATE CULTURAL RESOURCES PROTECTION OVERLAY DISTRICTS & READAPT CEMETERY DEDICATION LAWS WITHIN THEIR PROVISIONS |
51 Real Estate Law Journal 203 (Spring, 2023) |
January 17, 2023 Generally gravesites and cemeteries are not considered to be places that would be listed under the National Register of Historic Places (NRHP) unless they meet certain criteria. Some of the Native American burial sites would fall under Criteria D which is defined as follows Properties may be eligible for the National Register... |
2023 |
| Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |
| Stacy Leeds, Robert Miller, Kevin Washburn, Derrick Beetso, Panelists , Moderator |
OKLAHOMA v. CASTRO-HUERTA--REBALANCING FEDERAL--STATE--TRIBAL POWER |
23 Journal of Appellate Practice and Process 47 (Winter, 2023) |
This is a transcript of a discussion hosted by the Indian Legal Program, and the Indian Gaming and Tribal Self-Governance Programs, at the Sandra Day O'Connor College of Law, Arizona State University, held on July 7, 2022. It is lightly edited for brevity and clarity. DERRICK BEETSO: Good afternoon and welcome to today's presentation Oklahoma v.... |
2023 |
| Tammy W. Cowart |
ONE BUFFALO IN TEXAS: LEGAL AND ETHICAL ISSUES IN NATIVE AMERICAN GAMING OPERATIONS |
16 Journal of Business, Entrepreneurship and the Law 1 (Fall, 2022 & Spring, 2023) |
There are three federally recognized Native American tribes in Texas: the Alabama-Coushatta, the Ysleta del Sur Pueblo, and the Texas band of Oklahoma Kickapoo. The Kickapoo tribe is the only one allowed to operate a gaming center within the state of Texas, due solely to a federal law that the federal government passed thirty years ago. The... |
2023 |
| Hilda Loury |
PACHAMAMA OVER PEOPLE AND PROFIT: A CASE FOR INDIGENOUS ECOLOGY AND ENVIRONMENTAL PERSONHOOD |
47 American Indian Law Review 229 (2022-2023) |
C1-2Table of Contents Introduction. 229 I. The Environmental Crisis. 231 A. The Anthropocene. 231 B. Global Environmental Changes. 233 II. A Comparative Analysis of Indigenous and Western Ecology. 236 A. Prefaces. 236 B. Self, Other, and Nature. 237 C. Use and Consumption. 241 D. Cultural Priorities. 243 III. Law and Personhood. 246 A. U.S.... |
2023 |
| Nandini Chatterjee , Alicia Schrikker , Dries Lyna |
PAPER EMPIRES: LAYERS OF LAW IN COLONIAL SOUTH ASIA AND THE INDIAN OCEAN |
41 Law and History Review 417 (August, 2023) |
Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far... |
2023 |
| Heather Tanana |
PROTECTING TRIBAL PUBLIC HEALTH FROM CLIMATE CHANGE |
15 Northeastern University Law Review 89 (March, 2023) |
C1-2Table of Contents Introduction 95 I. Climate Change in Indian Country 103 2A. Climate-Related Changes to Water 105 2B. Health Impacts of Climate Change 115 2C. Cultural Impacts of Climate Change 122 II. The Convergence of Federal Treaty and Trust Responsibilities, Tribal Health, and Climate Change 128 2A. Federal Responsibility to Provide... |
2023 |
| Neoshia R. Roemer |
READING AMERICAN INDIAN LAW |
23 Journal of Appellate Practice and Process 213 (Winter, 2023) |
Given the importance of nearly 200 years of federal Indian law, the Indian law scholarship that has helped frame modern thinking on the practice area deserves examination. Yet, as the editors of Reading American Indian Law: Foundational Principles highlight, it is easy to overlook the Indian law scholarship that now permeates our classrooms, court... |
2023 |
| Alyssa Couchie |
REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES |
44 Michigan Journal of International Law 405 (2023) |
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... |
2023 |
| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
| Michael K. Velchik, Jeffery Y. Zhang |
RESTORING INDIAN RESERVATION STATUS: AN EMPIRICAL ANALYSIS |
40 Yale Journal on Regulation 339 (Winter, 2023) |
In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas... |
2023 |
| Karen E. Lillie |
RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION |
71 Buffalo Law Review 289 (April, 2023) |
In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... |
2023 |
| Brett G. Roberts |
RETURNING THE LAND: NATIVE AMERICANS AND NATIONAL PARKS |
21 Ave Maria Law Review 148 (Spring, 2023) |
The best things we experience, the best things we know are immaterial things. They're ideas or emotions . if you look at the earth, there are certain places that seem to have power, and we don't know what kind of power it is except you have a different feeling, you feel energized .. How do you approach that, take something that's larger in yourself... |
2023 |
| Julia M. Zabriskie |
SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS |
64 Boston College Law Review 1039 (April, 2023) |
Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... |
2023 |
| Mollie Goldfarb |
SERVING (IN)JUSTICE: THE ILLS OF A FEDERAL AMERICAN INDIAN PROSECUTORIAL POWER |
15 Washington University Jurisprudence Review 361 (2023) |
It is a pity that so many Americans today think of the Indian as a romantic or comic figure in American history without contemporary significance. In fact, the Indian plays much the same role in our American society that the Jews played in Germany. Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political... |
2023 |
| John P. LaVelle |
SURVIVING CASTRO-HUERTA: THE HISTORICAL PERSEVERANCE OF THE BASIC POLICY OF WORCESTER v. GEORGIA PROTECTING TRIBAL AUTONOMY, NOTWITHSTANDING ONE SUPREME COURT OPINION'S ERRANT NARRATIVE TO THE CONTRARY |
74 Mercer Law Review 845 (Spring, 2023) |
I. Introduction. 846 II. Oklahoma v. Castro-Huerta: Facts, Proceedings, and Divergent Majority and Dissenting Opinions. 849 III. Castro-Huerta's Power Play: Forging a False Historical Narrative to Uproot Worcester and Expand State Authority in Indian Country. 851 A. Key Precedents Misrepresented and Misapplied. 851 1. Worcester v. Georgia (1832).... |
2023 |
| Grace Slaff |
THE ADMINISTRATION OF INJUSTICE: THE CONFLICT BETWEEN FEDERAL AND TRIBAL CRIMINAL JURISDICTION |
47 American Indian Law Review 261 (2022-2023) |
The subjectivity of criminal justice often leaves the reform process slow moving, producing little results. Differing opinions about criminal justice progression often get in the way of progressive reform. Should we spend our time advocating for victims, or can society set its feelings aside about the notions of crime and advocate for the... |
2023 |
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
THE CAPITALIZATION OF "TRIBAL NATIONS" AND THE DECOLONIZATION OF CITATION, NOMENCLATURE, AND TERMINOLOGY IN THE UNITED STATES |
49 Mitchell Hamline Law Review 623 (June, 2023) |
I. Introduction. 624 II. The Basics on the Political Status and Proper Understanding of Tribal Nations in the United States. 625 III. Issues and Consequences of Capitalization for Terms Referring to Tribal Nations in the United States. 627 A. Tribal Political Status and the Failings of The AP Stylebook. 628 B. Tribal Political Status and the Errors... |
2023 |
| Matthew L.M. Fletcher |
THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION |
75 Maine Law Review 305 (June, 2023) |
Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... |
2023 |
| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
| Jordan K. Medaris |
THE IMPACT OF CLIMATE CHANGE ON THE CULTURAL IDENTITY OF INDIGENOUS PEOPLES AND THE NATION'S FIRST "CLIMATE REFUGEES" |
47 American Indian Law Review 1 (2022-2023) |
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed. - U.N. Secretary-General Ban Ki-moon The people of the world cannot continue to ignore Aboriginal Indigenous Peoples, the Natural System of Life, the Natural... |
2023 |
| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |